Starr County Small Claims Court, Texas

Types of Cases

A variety of cases are handled in small claims court. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.

What can I expect at trial?

The trial is relatively informal compared to a normal trial. There are no rules of evidence. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.

Can I appeal my case?

Appeals are allowed if the amount of the award exceeds $250.00.

Small Claims Court Venue

The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011). Small Claims actions are heard in 8 courthouses throughout Starr County.

Starr County Small Claims Court

Who is the judge in a Small Claims Court case?

A Justice of the Peace for Starr County hears small claims court cases for Starr County.

Starr County Court Clerk

We recommend contacting the Starr County court clerk before proceeding down to the courthouse to file your action. The clerk is an excellent resource for the procedure for small claims court cases in Texas but also any procedures specific to that County or courthouse. It is recommended that you contact the clerk’s office to ensure the courthouse is open during the hours you want to visit. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.

Do I need A Lawyer?

You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. You are not required to have an attorney, but you are allowed one. (Government Code 28.003).

Small Claims Court Jurisdiction

You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You are unable to seek injunctive or equitable relief. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. You could only ask the court for an award of money.